Lowry Crossing City Zoning Code
§ 22
SPECIAL AND ADDITIONAL REGULATIONS.
22-1
Lot Area:
(1)
The minimum residential lot area for the various districts shall be in accordance with the individual use schedule except that a lot having less area than herein required that was an official “lot of record” prior to the adoption of this ordinance may be used for a one-family dwelling and shall not be considered nonconforming. No lot existing at the time of passage of this ordinance shall be reduced in area below the minimum requirements set forth in the respective district.
(2)
Notwithstanding any provision establishing the minimum lot area for specific uses, any use shall require such additional area as is necessary to meet septic tank requirements[.]
22-2
Front Yard:
(1)
On corner lots, the front yard setback shall be observed along the frontage of both intersecting streets unless shown specifically otherwise on a final plat.
(2)
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
(3)
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard. (See Appendix Illustration No. 7.)[1]
[1]
Editor’s note—The Appendix Illustrations are included as an attachment to this chapter.
(4)
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (See Appendix Illustration No. 8)
(5)
The minimum front yard setback requirements may be reduced by five (5) feet in all Single-Family districts provided that at least fifty (50%) percent of the structures on a given block are set back an additional five (5) feet from the original setback. The average setback would equal the original setback requirement. The purpose of this requirement is to encourage a variety of front yard setbacks along a street creating a more pleasing appearance of houses in the subdivision. In no case shall the front yard setback be less than twenty (20) feet. (See Appendix Illustration No. 10.) Varying setbacks must be shown on the approved final plat in order to reduce normal setback requirements.
(6)
Minimum front yard setbacks for lots with predominate frontage on the curved radius of a cul-de-sac shall be twenty-five (25) feet if approved on the final plat. (See Appendix Illustration No. 14)
(7)
No fence, wall, screen, billboard, sign, structure or foliage of hedges, trees, bushes or shrubs shall be erected, planted or maintained in such a position or place so as to obstruct or interfere with the following minimum sight line standards.
Vision at all intersections where streets intersect at or near right angles shall be clear at elevations between two and one-half (2-1/2) feet and nine (9) feet above the average street grade, within a triangular area formed by extending the two curb lines from their point of intersection forty-five (45) feet, and connecting these points with an imaginary line, thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines from their point of intersection twenty-five (25) feet and connecting these points with an imaginary line, thereby making a triangle.
(8)
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An enclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten (10) feet to the property line.
(9)
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front or side yard shall be measured from the future right-of-way line.
22-3
Side Yards:
(1)
On a corner lot used for one-family dwellings, both street exposures shall be treated as front yards on all lots platted after the effective date of this ordinance, except that where one street exposure is designated as a side yard by a building line shown on a plat approved by the Planning and Zoning Commission containing a side yard of fifteen (15) feet or more the building line provisions on the plat shall be observed. On lots which were official lots of record prior to the effective date of this ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective districts.
(2)
Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of windowsills, belt courses, cornices, and other architectural features not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed thirty-six (36) inches into the required side yard.
22-4
Lot Coverage:
(1)
Up to ten (10%) percent additional coverage of the lot or tract will be permitted for accessory buildings such as garages, carports, and storage buildings. Specified maximum coverage shall apply to schools, churches, and other nonresidential buildings permitted in residential districts.
22-5
Special Height Regulations
(1)
In the districts where the height of buildings is restricted to two and one-half (2-1/2) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade line of the building. Water standpipes and tanks, church steeples, domes, and spires and school buildings and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories.
(2)
Antennas and other sending and receiving devices of microwave or electromagnetic waves shall be permitted in all districts for private or amateur radio broadcasting use. Such devices shall not interfere with radio or television reception of adjoining property owners and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed thirty-five (35) feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners.
(3)
Satellite dishes shall not exceed a height of fifteen (15) feet and shall only be located in the rear yard of any lot.
22-6
All measurements of setback requirements shall be made according to Illustrations 11, 12 and 13.
22-7
Sheetmetal exterior constructed buildings shall not be permitted in any district as a primary use except as provided in this or other ordinances of the City.
22-8
Temporary Uses.
(1)
Uses in the “C” Commercial and “HC” Highway Commercial Zoning Districts.
The following may be permitted by the City Council as temporary uses, but only in the “C” Commercial or the “HC” Highway Commercial zoning district and subject to the provisions of this section:
(a)
mobile food vendors, whose food is prepared and sold from a vehicle that is properly registered by the Texas Department of Transportation or a structure that is semi-permanent, but removable;
(b)
firework vendors that are selling fireworks from a building;
(c)
an outdoor art or craft show or exhibit;
(d)
Christmas tree sales;
(e)
seasonal retail sale of agricultural or horticultural products, if the use is located at least 200 feet from a dwelling;
(f)
religious, patriotic or historical assemblies, displays or exhibits;
(g)
other temporary uses that are similar to those described in this section; and
(h)
on-site temporary signs relating to temporary uses.
This section regarding temporary uses is intended to permit occasional, temporary uses and activities when consistent with the purposes of the zoning regulations and when compatible with other nearby uses.
(2)
Prohibitions.
The following may not be conducted or used in connection with a permitted temporary use:
(3)
Permit Duration.
A permit for a temporary use under this subsection may be issued for a predetermined time period:
(a)
A mobile or semi-permanent food vendor could be up to two (2) years;
(b)
Firework vendors selling from a building are up to ten (10) years;
Items (c), (d), (e), (f), (g) up to 60 days and renewed twice, for a total operating period not to exceed 180 days during the one year period following the issuance of the permit. A temporary use permit, if approved by the City Council, will specify the allowed temporary use, the period of time for which it is approved, the location where it is approved, and any special conditions attached to the approval.
(4)
Application; Submission; Decision.
(a)
Application Required.
A person desiring to conduct a temporary use shall file an application for the same, on a form provided by the City, with the City Secretary. Upon receiving a fully completed application and all information required in connection with the application and the application fee, the City Secretary will present the application to the City Council. A fully completed application must be filed with the City Secretary at least ten days before a Council meeting. An application fee of $50.00 must be submitted at the time of the filing of the application; the fee is to cover a portion of the costs of the City’s review and processing of the application and is non-refundable.
(b)
Application Contents.
An application must include:
(i)
a statement that the applicant is the owner of the property (and the application must be signed by the owner), or if not the owner, a signed, original statement from the owner of the property stating that the applicant is authorized to submit the application and to conduct the requested temporary use thereon and to bind the property owner to all conditions of the permit and this section;
(ii)
a diagram (to scale) of the property where the use is proposed to be located (including all property boundary lines), the location on the property of all facilities to be used in connection with the temporary use (including the distance of such facilities from the property lines and a description of the facilities), the location on the property of any signage to be used in connection with the temporary use, methods of ingress and egress to and from the property, location of off-street parking, the proposed time period for the temporary use and the hours of use, the names and addresses (physical address, not a post-office box) of all persons that will use the property for the purposes identified in the application, and any additional information required by the City Secretary or City building official in connection with the proposed temporary use; and
(iii)
a statement by which the applicant agrees that City inspectors may enter and inspect the land or premises that is the subject of the application and the permit for purposes of determining compliance with the permit (if issued) and all applicable ordinances, laws, rules, codes, standards, and regulations.
(c)
City Council Determination.
The City Council will review a fully completed application, and may grant a temporary use after determining that the temporary use:
(i)
will not impair the normal, safe, and effective operation of a permanent use on the same site;
(ii)
will be compatible with nearby uses;
(iii)
will not adversely affect public health, safety, or convenience;
(iv)
will not create a traffic hazard or congestion; and
(v)
will not interrupt or interfere with the normal conduct of uses and activities in the vicinity.
Additionally, in determining whether or not to grant a temporary use, the City Council may consider such other matters or items as the Council deems necessary or appropriate, including but not limited to the factors identified in Section 18-7 of this Ordinance. |
In reaching a determination regarding an application, the City Council may require and condition the approval of a temporary use on compliance with additional requirements that the Council determines are necessary to ensure land use compatibility and minimize adverse effects on nearby uses, including requirements for hours of operation, frequency of use, parking, traffic circulation, screening, enclosure, site restoration, and cleanup. A grant of a temporary use shall, among other things, specify the duration of the use (which may be up to a maximum of 60 days, with an opportunity for two renewals, for a total operating period not to exceed 180 days; the Council may authorize the City Secretary to grant a renewal). |
After making a determination regarding an application, the City Council shall approve (which approval may include conditions regarding a temporary use) or deny an application for a temporary use. |
If the City Council approves a temporary use, the City Secretary shall issue a written temporary use permit that shall specify the terms and conditions of the temporary use as approved by the City Council. |
A temporary use authorized pursuant to this section, and the property that is the subject of the temporary use, shall not be exempted or relieved from compliance with all other ordinances, laws or licenses applicable to such use or the property. |
(d)
Inspection; Suspension; Revocation; Appeal.
(i)
Inspection.
A permit holder must, as a condition of the temporary permit, allow City inspectors to enter and inspect the land or a premises that is the subject of the permit.
If the property is occupied at the time of an inspection, the City inspector shall present the inspector’s credentials and request entry. If the premises are unoccupied, the inspector shall attempt to contact a responsible person and request entry.
(ii)
Suspension.
The City’s building official or the City Secretary may suspend a permit issued pursuant to this section if the building official or the City Secretary determines that:
(a)
the permit was issued in error; or
(b)
the application for a permit included a false statement or material misrepresentation;
(c)
the permit or license holder has not complied with the requirements of the permit, section, or this or any other applicable ordinance, law, rule, code, standard, or regulation.
A suspension is effective until the building official or City Secretary determines that the permit holder has complied with the requirements of the permit. The activity and use conducted under the permit shall be discontinued during the period of suspension.
(iii)
Revocation.
The City building official or the City Secretary may immediately revoke a person’s permit that has been suspended if the building official or City Secretary determines that the person:
(a)
did not comply in a reasonable time with the requirements of the permit and/or this section for which the suspension was ordered; or
(b)
during the suspension, did not comply with other requirements of the permit and/or this section.
The activity and use conducted under the permit shall be discontinued during the period of suspension. |
(iv)
Notice of Intent to Suspend or Revoke.
The City building official or City Secretary shall give notice to the person affected of the building official’s or City Secretary’s intent to suspend or revoke the permit. The notice shall include the reason for the intent to suspend or revoke the permit, and shall be sent to any of the persons identified in the permit application or the permit as being a user of the permit. The notice shall specify a reasonable time for compliance with the permit and this section. Notice may be (a) given by personal delivery, (b) sent by United States certified mail, postage prepaid, return receipt requested, or (c) placed in the custody of Federal Express Corporation or other nationally recognized carrier to be delivered overnight. Notice shall be deemed given: (x) when received if delivered personally, (y) 48 hours after deposit if sent by mail, and (z) 24 hours after deposit if sent by Federal Express or other nationally recognized carrier.
(v)
Appeal of Suspension or Revocation.
The holder of a permit issued pursuant to this section may appeal a suspension or revocation of the permit to the City Council by filing a written notice of appeal of the same with the City Secretary not later than five (5) days following the date of the suspension or revocation. The notice of appeal must be actually received in the office of the City Secretary within that five (5) day period and during the regular business hours of the City Secretary’s office. If an appeal is filed, the City Secretary shall schedule the appeal for Council consideration at the next regular meeting of the Council for which there is time, in accordance with law, to place an item concerning the same on the Council agenda.
(Ordinance 110 adopted 8/3/99; Ordinance 262 adopted 8/6/13; Ordinance 335 adopted 10/13/20)